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PRB-1 and CCNR's
On Sat, 17 Mar 2007 10:59:58 CST, Ralph E Lindberg
wrote: As I understand Washington (state) law, the same is true here, plus if the regulation hasn't been enforced in years, or has been "selectively" enforced. Except for the race restriction found in some old CCNRs That was thrown out by the Supreme Court of the United States in the landmark case _Shelley v Kraemer_ that everyone studies in Constitutional Law classes. The SCOTUS declared that a state court enforcing that restriction made it a state action and such discrimination was against Federal law, making that contract term unenforceable. We tried using that same approach to have PRB-1 apply via the back-door in _Hotz v Rich_. a mid-1990s CC&R case in California, but the California Court of Appeal shot us down, claiming that problems with amateur radio antennas did not reach the same level of public policy that racial discrimination did. -- Phil Kane Beaverton, OR |